Divya Jyoti Giri vs Bhupendra Vaasan (2025:Rj-Jd:457)
2025 Latest Caselaw 3786 Raj

Rajasthan High Court - Jodhpur

Divya Jyoti Giri vs Bhupendra Vaasan (2025:Rj-Jd:457) on 6 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:457]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Criminal Misc(Pet.) No. 7733/2024

Divya Jyoti Giri W/o Dr. S.r. Giri, Aged About 64 Years, R/o A-2
Madan Vihar, Sriganganagar.
                                                                      ----Petitioner
                                        Versus
Bhupendra Vaasan S/o Prakash Singh Vasan, R/o 123 Gandhi
Nagar, Sriganganagar.
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Aakash Kukkar
For Respondent(s)            :     --



                   HON'BLE MR. JUSTICE FARJAND ALI

Order

06/01/2025

1. Heard learned counsel for the petitioner and gone through

the order under assail passed by the learned Court of Appeal.

2. What is emanating from the record that the petitioner was

prosecuted for committing an offence under the penal provision of

Negotiable Instrument Act vide judgment dated 04.09.2024. She

was convicted and sentenced to suffer imprisonment along with

fine. She preferred an appeal before the Court of Session along

with an application under Section 389 of the Cr.P.C. for suspending

the sentence during the pendency of the appeal. The appeal was

admitted and the application for suspending the sentence has

been allowed, however, a condition was imposed to deposit 20 per

cent of cheque amount before the trial Court owing to paucity of

time or some other reason, the petitioner has deposited the

amount to protest in pursuance of the direction given by the

Appellate Court. It appears that the petitioner has a valid and a

[2025:RJ-JD:457] (2 of 2) [CRLMP-7733/2024]

strong ground to argue before the Court of Appeal so as to

question the sustainability of the conviction, therefore, in the

interest of justice, it is ordered that the amount deposited by the

petitioner in pursuance of the order of Court of Appeal shall not be

disbursed to the complainant until disposal of the appeal.

3. In view of the above, the instant misc. petition is disposed

of.

4. Stay petition also stands disposed of.

(FARJAND ALI),J 18-Samvedana/-

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